BILL NUMBER: SB 382	CHAPTERED  09/03/99

	CHAPTER   324
	FILED WITH SECRETARY OF STATE   SEPTEMBER 3, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 3, 1999
	PASSED THE SENATE   AUGUST 24, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   JUNE 30, 1999
	AMENDED IN SENATE   APRIL 21, 1999
	AMENDED IN SENATE   MARCH 18, 1999

INTRODUCED BY   Senator Haynes
   (Principal coauthor:  Senator Morrow)
   (Principal coauthor:  Assembly Member Bates)
   (Coauthors:  Assembly Members House and Robert Pacheco)

                        FEBRUARY 11, 1999

   An act to amend Sections 51.2, 51.3, and 51.11 of the Civil Code,
relating to housing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 382, Haynes.  Housing:  older persons.
   The Unruh Civil Rights Act prohibits business establishments from
discriminating on the basis of sex, color, race, religion, ancestry,
national origin, or disability, or in the sale or rental of housing,
based on age, except as specified.  The act defines a "qualified
permanent resident" for purposes of exempting certain senior citizen
housing.
   This bill would revise those provisions relating to housing
discrimination to delete a requirement that a qualified permanent
resident of a senior citizen housing development have, or be
expecting, an ownership interest.  The bill would include specified
dependent children as qualified permanent residents in provisions
that apply to counties other than the County of Riverside to conform
to provisions that only apply in that county.  The bill would extend
until January 1, 2001, an exemption for accommodations constructed
before February 8, 1982.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 51.2 of the Civil Code is amended to read:
   51.2.  (a) Section 51 shall be construed to prohibit a business
establishment from discriminating in the sale or rental of housing
based upon age.  Where accommodations are designed to meet the
physical and social needs of senior citizens, a business
establishment may establish and preserve that housing for senior
citizens, pursuant to Section 51.3, except housing as to which
Section 51.3 is preempted by the prohibition in the federal Fair
Housing Amendments Act of 1988 (P.L. 100-430) and implementing
regulations against discrimination on the basis of familial status.
Where accommodations constructed before February 8, 1982, meet the
criteria for senior citizen housing specified in Section 51.4, a
business establishment may establish and preserve that housing for
senior citizens until January 1, 2001, in accordance with Section
51.4.
   (b) This section is intended to clarify the holdings in Marina
Point, Ltd. v. Wolfson (1982) 30 Cal. 3d 72 and O'Connor v. Village
Green Owners Association (1983) 33 Cal. 3d 790.
   (c) This section shall not apply to the County of Riverside.
  SEC. 2.  Section 51.3 of the Civil Code is amended to read:
   51.3.  (a) The Legislature finds and declares that this section is
essential to establish and preserve specially designed accessible
housing for senior citizens.  There are senior citizens who need
special living environments and services, and find that there is an
inadequate supply of this type of housing in the state.
   (b) The Legislature finds and declares that different age
limitations for senior citizen housing are appropriate in recognition
of the size of a development in relationship to the community in
which it is located.
   (c) For the purposes of this section, the following definitions
apply:
   (1) "Qualifying resident" or "senior citizen" means a person 62
years of age or older, or 55 years of age or older in a senior
citizen housing development.
   (2) "Qualified permanent resident" means a person who meets both
of the following requirements:
   (A) Was residing with the qualifying resident or senior citizen
prior to the death, hospitalization, or other prolonged absence of,
or the dissolution of marriage with, the qualifying resident or
senior citizen.
   (B) Was 45 years of age or older, or was a spouse, cohabitant, or
person providing primary physical or economic support to the
qualifying resident or senior citizen.
   (3) "Qualified permanent resident" also means a permanently
physically or mentally impaired or terminally ill adult who is a
dependent child of the qualifying resident, senior citizen, or
qualified permanent resident as defined in paragraph (2), unless the
board of directors or other governing body of the senior citizen
housing development determines that there are special circumstances
to disallow this particular dependent child as a qualified permanent
resident.  Special circumstances means a condition wherein this
dependent child is or may be harmful to himself or herself or others.

   (4) "Senior citizen housing development" means a residential
development developed, substantially rehabilitated, or substantially
renovated for, senior citizens that meets any of the following
requirements:
   (A) At least 70 dwelling units built prior to January 1, 1996, or
at least 150 dwelling units built on or after January 1, 1996, in a
metropolitan statistical area, as defined by the Federal Committee on
Metropolitan Statistical Areas, with a population of at least 1,000
residents per square mile or 1,000,000 total residents, based on the
1990 census.
   (B) At least 100 dwelling units in a metropolitan statistical
area, as defined by the Federal Committee on Metropolitan Statistical
Areas, with a population not to exceed 999 residents per square mile
and not to exceed 399,999 total residents, based on the 1990 census.

   (C) At least 35 dwelling units in any other area.
   The number of dwelling units within a development includes all
dwelling units developed, whether in single or multiple phases.
Developments commenced after July 1, 1986, shall be required to have
been issued a public report as a senior citizen housing development
under Section 11010.05 of the Business and Professions Code.
   (5) "Dwelling unit" or "housing" means any residential
accommodation other than a mobilehome.
   (6) "Cohabitant" refers to persons who live together as husband
and wife.
   (7) "Permitted health care resident" means a person hired to
provide live-in, long-term, or terminal health care to a qualifying
resident.
   (d) The covenants, conditions, and restrictions or other documents
or written policy shall not limit occupancy, residency, or use on
the basis of age more proscriptively than to require that one person
in residence in each dwelling unit may be required to be a senior
citizen and that each other resident in the same dwelling unit may be
required to be a qualified permanent resident.
   (e) The covenants, conditions, and restrictions or other documents
or written policy shall permit temporary residency, as a guest of a
senior citizen or qualified permanent resident, by a person of less
than 45 years of age for periods of time, not less than 60 days in
any year, that are specified in the covenants, conditions, and
restrictions or other documents or written policy.
   (f) Upon the death or dissolution of marriage, or upon
hospitalization, or other prolonged absence of the qualifying
resident, any qualified permanent resident shall be entitled to
continue his or her occupancy, residency, or use of the dwelling unit
as a permitted resident.
   (g) The condominium, stock cooperative, limited-equity housing
cooperative, planned development, or multiple-family residential
rental property shall have been developed for, and initially been put
to use as, housing for senior citizens, or shall have been
substantially rehabilitated or renovated for, and immediately
afterward put to use as, housing for senior citizens, as provided in
this section.
   (h) The covenants, conditions, and restrictions or other documents
or written policies applicable to any condominium, stock
cooperative, limited-equity housing cooperative, planned development,
or multiple-family residential property that contained age
restrictions on January 1, 1984, shall be enforceable only to the
extent permitted by this section, notwithstanding lower age
restrictions contained in those documents or policies.
   (i) Any person who has the right to reside in, occupy, or use the
housing or an unimproved lot subject to this section on January 1,
1985, shall not be deprived of the right to continue that residency,
occupancy, or use as the result of the enactment of this section.
   (j) The covenants, conditions, and restrictions or other documents
or written policy of the senior citizen housing development shall
permit the occupancy of a dwelling unit by a permitted health care
resident during any period that the person is actually providing
live-in, long-term, or hospice health care to a qualifying resident
for compensation.
   (k) Notwithstanding any other provision of this section, this
section shall not apply to the County of Riverside.
  SEC. 3.  Section 51.11 of the Civil Code is amended to read:
   51.11.  (a) The Legislature finds and declares that this section
is essential to establish and preserve housing for senior citizens.
There are senior citizens who need special living environments, and
find that there is an inadequate supply of this type of housing in
the state.
   (b) For the purposes of this section, the following definitions
apply:
   (1) "Qualifying resident" or "senior citizen" means a person 62
years of age or older, or 55 years of age or older in a senior
citizen housing development.
   (2) "Qualified permanent resident" means a person who meets both
of the following requirements:
   (A) Was residing with the qualifying resident or senior citizen
prior to the death, hospitalization, or other prolonged absence of,
or the dissolution of marriage with, the qualifying resident or
senior citizen.
   (B) Was 45 years of age or older, or was a spouse, cohabitant, or
person providing primary physical or economic support to the
qualifying resident or senior citizen.
   (3) "Qualified permanent resident" also means a permanently
physically or mentally impaired or terminally ill adult who is a
dependent child of the qualifying resident, senior citizen, or
qualified permanent resident as defined in paragraph (2), unless the
board of directors or other governing body of the senior citizen
housing development determines that there are special circumstances
to disallow this particular dependent child as a qualified permanent
resident.  Special circumstances means a condition wherein this
dependent child is or may be harmful to himself or herself or others.

   (4) "Senior citizen housing development" means a residential
development developed with more than 20 units as a senior community
by its developer, zoned as a senior community by a local governmental
entity, or characterized as a senior community in its governing
documents, as these are defined in Section 1351, or qualified as a
senior community under the federal Fair Housing Amendment Act of
1988, as amended.  Developments commenced after July 1, 1986, and
before January 1, 1997, shall be required to have been issued a
public report as a senior citizen housing development under Section
11010.05 of the Business and Professions Code.  However, developments
may elect to amend their governing documents to become a senior
citizen housing development after the expiration date of the public
report.
   (5) "Dwelling unit" or "housing" means any residential
accommodation other than a mobilehome.
   (6) "Cohabitant" refers to persons who live together as husband
and wife.
   (7) "Permitted health care resident" means a person hired to
provide live-in, long-term, or terminal health care to a qualifying
resident.
   (c) The covenants, conditions, and restrictions or other documents
or written policy shall not limit occupancy, residency, or use on
the basis of age more restrictively than to require that one person
in residence in each dwelling unit may be required to be a senior
citizen and that each other resident in the same dwelling unit may be
required to be a qualified permanent resident or permitted health
care resident.
   (d) The covenants, conditions, and restrictions or other documents
or written policy shall permit temporary residency, as a guest of a
senior citizen or qualified permanent resident, by a person of less
than 55 years of age for periods of time, not more than 60 days in
any year, that are specified in the covenants, conditions, and
restrictions or other documents or written policy.
   (e) Upon the death or dissolution of marriage, or upon
hospitalization, or other prolonged absence of the qualifying
resident, any qualified permanent resident shall be entitled to
continue his or her occupancy, residency, or use of the dwelling unit
as a permitted resident.
   (f) The covenants, conditions, and restrictions or other documents
or written policies applicable to any condominium, stock
cooperative, limited-equity housing cooperative, planned development,
or multiple-family residential property that contained age
restrictions on January 1, 1984, shall be enforceable only to the
extent permitted by this section, notwithstanding lower age
restrictions contained in those documents or policies.
   (g) Any person who has the right to reside in, occupy, or use the
housing or an unimproved lot subject to this section on or after
January 1, 1985, shall not be deprived of the right to continue that
residency, occupancy, or use as the result of the enactment of this
section by  Chapter 1147 of the Statutes of 1996.
   (h) A housing development may qualify as a senior citizen housing
development under this section even though, as of January 1, 1997, it
does not meet the definition of a senior citizen housing development
specified in subdivision (b), if the development complies with that
definition for every unit that becomes occupied after January 1,
1997, and if the development was once within that definition, and
then became noncompliant with the definition as the result of any one
of the following:
   (1) The development was ordered by a court or a local, state, or
federal enforcement agency to allow persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development.
   (2) The development received a notice of a pending or proposed
action in, or by, a court, or a local, state, or federal enforcement
agency, which action could have resulted in the development being
ordered by a court or a state or federal enforcement agency to allow
persons other than qualifying residents, qualified permanent
residents, or permitted health care residents to reside in the
development.
   (3) The development agreed to allow persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development by entering into a
stipulation, conciliation agreement, or settlement agreement with a
local, state, or federal enforcement agency or with a private party
who had filed, or indicated an intent to file, a complaint against
the development with a local, state, or federal enforcement agency,
or file an action in a court.
   (4) The development allowed persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development on the advice of counsel in
order to prevent the possibility of an action being filed by a
private party or by a local, state, or federal enforcement agency.
   (i) The covenants, conditions, and restrictions or other documents
or written policy of the senior citizen housing development shall
permit the occupancy of a dwelling unit by a permitted health care
resident during any period that the person is actually providing
live-in, long-term, or hospice health care to a qualifying resident
for compensation.
   (j) This section shall only apply to the County of Riverside.
